SECTIONS 81325-81331 - California Statutes

WATER CODE

SECTION 81325-81331

81325. Not later than 60 days from the date of the receipt of the
resolutions pursuant to Section 81319, the Board of Supervisors of
San Mateo County shall determine whether or not resolutions to form
and join the agency have been adopted by at least 15 public entities
representing collectively at least 60 percent of the total water
deliveries of all the public entities identified in Section 81305. In
making that determination, the board of supervisors shall use the
water delivery quantities set forth in subdivision (b) of Section
81460. If 15 or more public entities representing collectively 60
percent or more of those water deliveries have adopted those
resolutions, the board of supervisors, by order entered in its
minutes, shall declare that the agency has been formed and list each
public entity that is a member of the agency.

81325.5. In making the determination required by Section 81325, the
board of supervisors shall include all resolutions received by the
county at least 10 days before the date of the public meeting at
which the determination is made.

81325.7. If the board of supervisors determines that the
resolutions submitted are insufficient to form the agency, the
eligible public entities may again undertake the process described in
Sections 81315 to 81319, inclusive, at any time. In addition,
resolutions adopted that approve formation of the agency may remain
in effect for the time specified in those resolutions, unless those
resolutions are otherwise repealed.

81326. The Clerk of the Board of Supervisors of San Mateo County,
not later than 10 days from the date of entry of an order described
in Section 81325, shall file a certificate with the Secretary of
State identifying the name of the agency and the names of each public
entity that is a member of the agency. The board of supervisors
shall include a map showing the boundaries of the agency, with
reference to the boundaries of each member public entity.

81327. The Secretary of State, not later than 10 days from the date
of the receipt of the certificate described in Section 81326, shall
issue a certificate of formation reciting that the agency has been
formed pursuant to this division and identifying the public entities
of which the agency is comprised. The Secretary of State shall
transmit a copy of the certificate to each public entity that is a
member of the agency.

81328. The formation of the agency shall be effective on the date
of the issuance of the Secretary of State's certificate.

81329. No invalidity or irregularity in any proceeding that does
not substantially and adversely affect the interests of any public
entity identified in Section 81305 may be held to invalidate the
formation of the agency.

81330. Any action or proceeding in which the validity of the
formation of the agency, or any of the proceedings in relation
thereto, is contested, questioned, or challenged shall be commenced
not later than 60 days from the date of the Secretary of State's
certificate of formation. In the absence of that action or
proceeding, the formation and legal existence of the agency, and all
proceedings in relation thereto, shall be held to be in every respect
valid, legal, and incontestable.

81331. The formation of the agency, proceedings to increase its
membership pursuant to Section 81456 or 81456.5, or the establishment
or modification of any zone or improvement district is not subject
to the Cortese-Knox-Hertzberg Local Government Reorganization Act of
2000 (Division 3 (commencing with Section 56000) of Title 5 of the
Government Code).